header-logo header-logo

08 January 2016 / Peter Vaines
Issue: 7681 / Categories: Features , Tax , Commercial
printer mail-detail

Taxing matters

nlj_7681_vaines
Peter Vaines discusses a rare taxpayer victory over residence

The case of James Glyn is of considerable importance because it is virtually the only case in living memory where the taxpayer has won a case on residence—leaving aside the admirable efforts of Mr Grace before the Special Commissioners, which went down in flames on appeal.

Residence cases are notoriously fact dependent and only occasionally do any new principles (or refinements of existing principles) arise.

So it was with Glyn. In very broad terms, Glyn left the UK in 2005 to take up residence in Monaco and the First Tier Tribunal had to decide whether he had made a distinct break. The tribunal reviewed all the facts and conducted the necessary multi factorial evaluation, concluding that he had indeed made a distinct break by substantially loosening his social and family ties.

A great result for Glyn but unfortunately, the Upper Tribunal did not see matters quite the same way (HMRC v James Glyn [2015] UKUT 0551, [2015] All ER (D) 125 (Oct)).

The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll